Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?
His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter in 2020, them wrongfully & illegally removing my nephew FROM MY CARE, after his birth, due to us continuing to demand answers & accountability for the removal of my niece. We've experienced CORRUPTION AT ITS FINEST within this county. Now they are failing to return calls or communicate, even though his rights have been restored. We're not attorneys, we don't know how this process works & need direction. His "attorney" worked against him the whole case, allowing the agency to violate not only his civil rights but also his ADA rights. Also never arguing the removal from MY home, which shouldn't have opened a case because the baby was NOT with my brother to begin with. We have proof of their falsifying documents.
A:
If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.
It's important to continue to follow up with his attorney and the department to ensure that the case is moving forward and that your brother's rights are being protected. You may want to consider reaching out to a different attorney who specializes in family law or child welfare to get a second opinion and to help you navigate the legal process.
In addition, if you have evidence of falsified documents or other forms of corruption, you may want to consider reporting this to the appropriate authorities, such as the state bar association or the agency responsible for overseeing child welfare in your state.
Overall, it's important to stay informed and involved in your brother's case to ensure that his rights are being protected and that the best interests of his children are being served.
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